When another party’s actions cause a loved one’s death, it’s traumatic for those they leave behind. However, surviving family members can hold the at-fault party financially liable for their actions through wrongful death claims and survival actions. But what are the differences between these legal filings, and can you pursue them both at the same time?
What Is a Wrongful Death Claim?
A wrongful death claim is a legal case that seeks compensation for the losses the surviving family members of a deceased person sustained as a result of their death at the hands of someone else. For example, if your loved one died in a car accident, you could bring a wrongful death claim against the at-fault driver based on the financial and emotional losses you suffered.
Deadline for Filing a Wrongful Death Claim
Under Ohio law, the time limit for filing a wrongful death claim is two years from the date of the death. This date may be different than the date of injury if your loved one didn’t pass away until days, weeks, or months after the event that injured them.
Damages Available Through a Wrongful Death Claim
Through your wrongful death claim, which the administrator of your loved one’s estate will file on your behalf, you can recover compensation for various losses, including:
- The loss of financial support
- The loss of services
- The loss of society, including companionship, consortium, and guidance
- The loss of inheritance
- The mental anguish you experienced
- Your loved one’s funeral and burial expenses
This compensation will be distributed to the surviving spouse, children, and parents. If there is no surviving spouse, children, or parents, other next of kin may seek compensation by demonstrating that they suffered losses caused by the death.
What Is a Survival Action?
A survival action is a legal case filed on behalf of a deceased person. In cases where someone else’s actions led to the death of an individual, their estate can bring a survival action in the form of a personal injury lawsuit against the wrongdoer.
Effectively, a survival action is a legal action that survives the plaintiff, as long as the filing deadline has not passed. For personal injury lawsuits, this deadline is two years from the date of injury. So, if your loved one died one month after sustaining a severe injury, their estate would still have 23 months to bring the survival action since the time limit for filing is two years.
Damages Available Through a Survival Action
The damages available through a survival action are for the losses sustained by your loved one prior to their death. These losses may include:
- Medical expenses related to the injury
- Lost wages caused by the injury
- Pain and suffering experienced because of the injury
- Emotional distress experienced by your loved one
Can You File Both a Wrongful Death Claim and a Survival Action Together?
Because wrongful death claims and survival actions seek compensation for different losses and for different people, they can be and often are filed together.
A wrongful death claim seeks compensation for the losses sustained by the surviving family members and pays that compensation out to them. Meanwhile, a survival action seeks compensation for the losses sustained by the deceased and pays that compensation out to their estate.
Contact Our Ohio Wrongful Death Lawyers
If your loved one passed away due to injuries caused by another person, contact Flickinger Legal Group to schedule a free consultation with an experienced and compassionate wrongful death lawyer. Our lawyers are available to meet via Zoom, or we can travel to meet with you at a location of your choosing.